Well, technically

[Dric902]

In 1997, Benjamin Schreiber did something terrible.

In his mid-forties at the time, he beat a man to death.

Subsequently, he was given a life sentence.

Then, in 2015, Benjamin Schreiber did somethingfantastic: He died.

It was great, even for him. Or at least, he thought.

After all — if he died, then that ended his life sentence.

His kidney stones had caused septic poisoning. He was found unconscious at the Iowa State Penitentiary in Fort Madison and rushed to a hospital.

Doctors performed emergency surgery.

Reportedly, during the ordeal, his heart stopped five different times.

Though he’d signed a “do not resuscitate” order, he was brought back.

Medical staff had even called the prisoner’s brother to let him know of the dire straits. The brother told them, “If he is in pain, you may give him something to ease the pain, but otherwise you are to let him pass.”

He died, and now — thanks to the doctors restarting his heart — he’s a dead guy who just wants to live his life.
In 2018, he filed for post-conviction relief.

In his view, he was sentenced to life without parole, “but not to life plus one day.”

And what good is being deceased if you can’t live each day as if it may be your other last?

Unfortunately for Benjamin, a district court didn’t see things his way. They wanted him to live dead at the prison, instead of walking around dead outside.

And on November 6th, an appeals court upheld the decision.

Here’s how Judge Amanda Potterfield put it:

“Schreiber is either alive, in which case he must remain in prison, or he is dead, in which case this appeal is moot. We conclude [the law] requires Schreiber to stay in prison for the rest of his natural life, regardless of whether he was resuscitated against his wishes in 2015.”

Sometimes ya can’t win for losin’.

Benjamin does have one sparkle of hope: He will likely die again.

https://www.redstate.com/alexparker/2019/11/23/murderer-momentarily-died-hospital-tells-court-hes-now-served-life-sentence-say-hes-making-plea-must-still-alive/
 

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[OwlsNest465]

I'd say the judge made the right decision:)

[janice6]

1 minute ago, OwlsNest465 said:

I'd say the judge made the right decision:)

If the criminal is bothered by additional years in prison, the punishment is working.

[Historian]

He has a point.

It's just not...the winning side of the issue.

Talked to my wife about this.  She's a cardiology transplant coordinator with 15 years as a floor nurse.

She knew about the case.  It made the rounds at the hospital.

[janice6]

If he was technically dead, and upon bringing him back to life means he starts life anew, then there are quite a number of insurance companies that would have to pay out death benefits to those who are not in prison, but were also brought back to life.  Quite a shakeup to the industry if the rules were rewritten.

[Huaco Kid]

I've heard that in the old West (Olde Europe?),  that if the rope broke,  you had fulfilled your sentence and were free to go.

[holyjohnson]

well,if he don't like that finding he can also go back to being dead as well.

[Mike]

When I first read about this a few months ago the article said, since a Dr never pronounced him dead he had no argument.

[janice6]

25 minutes ago, Huaco Kid said:

I've heard that in the old West (Olde Europe?),  that if the rope broke,  you had fulfilled your sentence and were free to go.

I have heard that too.  I believe I read that if the rope broke it was considered God's intervention.

But in today's American society, the pressure is to ignore God.  So any "intervention" would be according to Murphy's Law*.

*  One version of Murphy's Law says that "If nothing can go wrong, it will!".